A Leon County Circuit Court is considering whether a state law dealing with teacher tenure and merit pay is unconstitutional. Teachers and their union say the law violates collective bargaining rights.
The Florida Education Association says the legislature overstepped its authority when it passed Senate Bill 736 two years ago. It was the first piece of legislation Governor Rick Scott signed, and it sets up a pay-for-performance system in addition to placing new teachers on one-year contracts. In a Leon County Courtroom Wednesday, Attorney Tom Brooks, representing the Florida Education Association, argued the law is too narrow, and tells local school boards what to do.
“There’s no room to bargain over whether there’s another way to get to the same place that’s less destructive to employee rights," Brooks said.
When the lawsuit was first filed following the 2011 legislative session, the Florida Chamber of Commerce and the Jeb-Bush backed education reform group The Foundation for Florida’s future criticized the lawsuit. They called it an attempt to block what they say is meaningful education reform.
In oral arguments Wednesday before Leon Circuit Judge John Cooper, Attorney Michael Mattimore defended the law for the state. Mattimore says the law does not specifically bar collective bargaining, and therefore, it should be allowed to stand. He also gives examples of areas in the law where employees can still bargain, like how much teachers can get for advanced degrees in their field:
“They can still bargain how much the supplement is. They can still bargain over whether the degree fits the certification. Say I’m certified in match and I get an advanced degree in engineering. The state doesn’t tell me, the bargaining people, that that doesn’t count," he said.
Mattimore says the law has been good for Florida students. But Judge Cooper says it’s not up to him to decide whether a law is good or bad, but whether it violates the state constitution. Cooper says he doesn’t know when he’ll rule on the case but adds that he may call both sides back to the courtroom for additional questions. He also noted that whichever way he chooses to rule, an appeal to a higher court and even the Florida Supreme Court is likely.
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